[Federal Register Volume 78, Number 188 (Friday, September 27, 2013)]
[Notices]
[Pages 59651-59652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23636]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-816]
Certain Corrosion-Resistant Carbon Steel Flat Products From the
Republic of Korea: Notice of Court Decisions Not in Harmony With Final
Results of Administrative Review and Notice of Amended Final Results of
Administrative Review; 2006-2007
SUMMARY: On August 8, 2013, the United States Court of International
Trade (``CIT'' or ``Court'') enter final judgments sustaining the
Department of Commerce's (``Department'') final results of the remand
redeterminations \1\ relating to the fourteenth administrative review
of the antidumping duty order on certain corrosion-resistant carbon
steel flat products (``CORE'') from the Republic of Korea (``Korea''),
pursuant to the CIT's remand orders in Union Steel v. United States,
755 F. Supp. 2d 1304 (CIT 2011) (``Union I''), and United States Steel
Corp. v. United States, 759 F. Supp. 2d 1349 (Ct. Int'l Trade 2011)
(``U.S. Steel I''). Consistent with the decision of the United States
Court of Appeals for the Federal Circuit (``CAFC'') in Timken Co. v.
United States, 893 F.2d 337 (Fed. Cir. 1990) (``Timken''), as clarified
by Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374
(Fed. Cir. 2010) (``Diamond Sawblades''), the Department is notifying
the public that the final CIT judgments in this case are not in harmony
with the Department's final results of administrative review and is
amending its final results of the administrative review of the
antidumping duty order on CORE from Korea covering the period of review
(``POR'') of August 1, 2006 through July 31, 2007, with respect to the
weighted-average dumping margin assigned to Union Steel Manufacturing
Co., Ltd. (``Union'').
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\1\ See Final Remand Results of Redetermination Pursuant to
Remand, CIT Court No. 09-00130 (July 15, 2011) (``Union Remand
Results''); Final Remand Results of Redetermination Pursuant to
Remand, CIT Court No. 09-00156 (July 15, 2011) (``U.S. Steel Remand
Results'').
DATES: Effective August 19, 2013.
[[Page 59652]]
FOR FURTHER INFORMATION CONTACT: Christopher Hargett, Office 8, AD/CVD
Operations, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-4161.
SUPPLEMENTARY INFORMATION:
Background
The Department published the final results of the fourteenth
administrative review of the antidumping duty order on CORE from Korea
on March 16, 2009.\2\ Union, United States Steel Corporation, and Nucor
Corporation respectively filed timely complaints with the CIT to
challenge various aspects of the Final Results.
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\2\ See Certain Corrosion-Resistant Carbon Steel Flat Products
from the Republic of Korea: Notice of Final Results of the
Fourteenth Administrative Review and Partial Rescission, 74 FR 11082
(March 16, 2009) (``Final Results''), amended by Certain Corrosion-
Resistant Carbon Steel Flat Products from the Republic of Korea:
Notice of Amended Final Results of the Fourteenth Antidumping Duty
Administrative Review, 74 FR 19199 (April 28, 2009) (amending with
respect to Dongbu Steel Co., Ltd., Hyundai HYSCO, Pohang Iron &
Steel Co., Ltd., and Pohang Coated Steel Co., Ltd.).
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On February 15, 2011, the Court remanded for the Department to
reconsider its positions with regard to the model-match criteria as
applied to Union, the major input adjustment as applied to Union, and
certain adjustments to Union's substrate purchases.\3\ On July 15,
2011, the Department filed remand redeterminations in which it revised
its position with regard to the model-match criteria and purchases of
substrate steel and material purchases as applied to Union.\4\
Accordingly, the Department recalculated Union's weighted-average
margin from 7.56 percent in the Final Results to 7.45 percent.\5\ On
April 25, 2012, the Court sustained the Department's remand
redeterminations regarding the model-match criteria and substrate steel
and material purchases as applied to Union.\6\ On August 8, 2013, after
disposition of remaining issues, the Court entered final judgments.\7\
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\3\ See Union I and U.S. Steel I.
\4\ See Union Remand Results and U.S. Steel Remand Results.
\5\ Id.
\6\ See Union Steel v. United States, 836 F. Supp. 2d 1382 (CIT
2012); United States Steel Corp. v. United States, 844 F. Supp. 2d
1334 (CIT 2012).
\7\ See Union Steel v. United States, Court No. 09-00130, Slip
Op. 13-104 (CIT August 8, 2013); United States Steel Corp. v. United
States, Consol. Court No. 09-00156, Slip Op. 13-103 (CIT August 8,
2013).
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Timken Notice
In its decision in Timken, as clarified by Diamond Sawblades, the
CAFC held that, pursuant to section 516A(c) of the Tariff Act of 1930,
as amended (``the Act''), the Department must publish a notice of a
court decision that is not ``in harmony'' with a Department
determination and must suspend liquidation of entries pending a
``conclusive'' court decision. The CIT's August 8, 2013, judgments in
this case constitute final decisions of that court that are not in
harmony with the Department's final results of the administrative
review. This notice is published in fulfillment of the publication
requirements of Timken. Accordingly, the Department will continue the
suspension of liquidation of the subject merchandise pending expiration
of the period of appeal or, if appealed, pending a final and conclusive
court decision. Because the antidumping duty order on CORE from Korea
has been revoked effective February 14, 2012, cash deposits are no
longer in effect.\8\
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\8\ See Corrosion-Resistant Carbon Steel Flat Products from
Germany and the Republic of Korea: Revocation of Antidumping and
Countervailing Duty Orders, 78 FR 16832 (March 19, 2013)
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Amended Final Results
Because there are now final court decisions with respect to this
case, the Department is amending its Final Results with respect to
Union's weighted-average dumping margins for the period August 1, 2006
through July 31, 2007.\9\ The revised weighted-average dumping margin
is as follows:
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\9\ The remaining weighted-average dumping margins from the
Final Results, as subsequently amended, remain unchanged.
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Weighted-average
Manufacturer/exporter dumping margin
(percent)
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Union Steel......................................... 7.45
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In the event that the CIT's ruling is not appealed, or if appealed,
upheld by the CAFC, the Department will instruct CBP to liquidate
entries of subject merchandise in accordance with 19 CFR
351.212(b).\10\
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\10\ See Final Results, 74 FR 11083.
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This notice is issued and published in accordance with sections
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.
Dated: September 19, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-23636 Filed 9-26-13; 8:45 am]
BILLING CODE 3510-DS-P